Anandakumar v. State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 05.03.2025 PRONOUNCED ON : 10.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Anandakumar ... Petitioner/A1 Vs.

The State represented by, The Inspector of Police, Hosur Town Police Station, (Crime No.666 of 2024).

... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.666 of 2024, pending investigation on the file of the respondent Police. For Petitioner : Mrs.S.Sengkodi For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) For Defacto complainant : Ms.K.Saranya Mr.Ashwini Ramesh

O R D E R

This Criminal Original Petition has been filed by the petitioner/A1, who was arrested and remanded to judicial custody on 20.11.2024, seeking bail in Crime No.666 of 2024 registered for the offence under Sections 296(b), 109(1) 1/5

and 49 of BNS Act, 2023 [294, 307 and 109 of IPC].

2. The case of the prosecution is that on 20.11.2024 at about 12.50p.m., when the victim accompanied with his colleague advocate, was exiting the main gate of the Court, petitioner/A1 approached the victim from behind and repeatedly stabbed him with aruval, as a result of which, the victim sustained grievous injuries and that A2 instigated the petitioner/A1 to commit the aforesaid offence.

3. The learned counsel appearing for the petitioner would submit that the petitioner/A1 is in custody from 20.11.2024; that the co-accused/A2 has been granted bail by this Court vide order dated 10.02.2025 in Crl.O.P.No.2436 of 2025; and therefore, considering the period of incarceration, the petitioner may be released on bail.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the case of the prosecution and submitted that the petitioner/A1 had committed a grave offence at the instigation of A2 and on instructions would submit that the final report has been filed. He further 2/5

submitted that the injured is discharged from the hospital and he is taking treatment as an outpatient.

5. The petitioner is in custody from 20.11.2024. The respondent after investigation have filed the final report. The injured has been discharged from the hospital. The petitioner has no bad antecedents.

6. Considering the aforesaid facts and the period of incarceration, this Court is of the view that further custody of the petitioner is not required for the purpose of investigation or trial and is inclined to grant bail to the petitioner with certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty-Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Hosur, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [b] the petitioner shall stay at Chennai and report before the Inspector of Police, Flower Bazaar Police Station, Chennai daily at 3/5

10.30 a.m., until further orders.

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

10.03.2025 ars 4/5

SUNDER MOHAN., J.

ars To

1. The Judicial Magistrate No.II, Hosur.

2. The Inspector of Police, Hosur Town Police Station,

3. The Superintendent, Central Prison, Salem.

4. The Public Prosecutor, High Court of Madras.

Pre-delivery order in 10.03.2025 5/5